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We both die at the same time
Matching Wills protect your kids even in the worst case.
It's the scenario nobody wants to think about: a car accident, a shared flight, something that takes both parents at once. If you have children, this is exactly the situation guardianship clauses and matching Wills are built for.
Without a clear Will
- If neither of you named a guardian, the Family Court decides who raises your children — and relatives can end up in a dispute about it at the worst possible time.
- If your Wills name different guardians (or contradict each other), it's unclear whose wishes should apply, and the Court has to resolve it.
- Without a Will, your children's inheritance is managed under the Court's default rules for minors, not your instructions.
- NZ law includes a 30-day 'survivorship' rule: if it's unclear who died first (or you both die within 30 days of each other), each estate is generally treated as if the other partner predeceased you — so gifts to 'my spouse' can fail and fall through to your backup beneficiaries instead.
With a Will
- Matching (mirror) Wills naming the same testamentary guardian mean there's no ambiguity about who steps in for your children.
- You name a backup guardian too, in case your first choice can't act either.
- You can name backup ('contingent') beneficiaries so that if you both die together, your estate goes to the people you'd choose — not a default split.
- A survivorship clause means your Wills work properly even if it's unclear who died first — assets flow to your named backups rather than to each other's estate and back out again.
Practical guidance for NZ
- Write matching Wills together and name the same guardian and backup guardian in each — inconsistent Wills are a common, avoidable problem.
- Include a standard survivorship clause (for example, 'a beneficiary must survive me by 30 days to inherit') so simultaneous deaths don't cause gifts to fail.
- Name contingent beneficiaries for your whole estate, not just guardians for the kids.
- Tell your named guardian, and your backup, that you've chosen them — and make sure they're both willing.
Worth getting advice on
Guardianship and survivorship clauses are two of the easiest things to get subtly wrong — it's worth having a lawyer check matching Wills for a couple with children.
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